FINALS Flashcards
(108 cards)
1
Q
Otherwise known as the “Indeterminate Sentence Law”
A
REPUBLIC ACT NO. 4103
2
Q
RA No. 4103
A
INDETERMINATE SENTENCE LAW
3
Q
When does the Board of Pardons and Parole issued its first handbook containing a compilation of policies and guidelines that had evolved through the years since the enactment on December 5, 1933 of Act No. 4103, otherwise known as the “Indeterminate Sentence Law”, as amended?
A
1981
4
Q
Refers to the Board of Pardons and Parole.
A
BOARD
5
Q
Refers to the Executive Director/Secretary of the Board.
A
EXECUTIVE DIRECTOR
6
Q
Refers to the Parole and Probation Administration.
A
ADMINISTRATION
7
Q
Refers to the Administrator of the Parole and Probation Administration.
A
ADMINISTRATOR
8
Q
Refers to the Head of the Parole and Probation Administration in the region.
A
REGIONAL DIRECTOR
9
Q
Refers to the Probation and Parole Officer undertaking the supervision of the client.
A
PROBATION AND PAROLE OFFICER
10
Q
Refers to the Director of the Bureau of Corrections.
A
DIRECTOR
11
Q
Refers to the Officer-In-Charge of the New Bilibid Prison, the Correctional Institution for Women and the prison and penal farms of the Bureau of Corrections.
A
PENAL SUPERINTENDENT
12
Q
Refers to the Officer-In-Charge of the Provincial, City, Municipal or District Jail.
A
WARDEN
13
Q
Refers to the institutional record of an inmate which consists of his mittimus or commitment order issued by the Court after conviction, the prosecutor’s information and the decisions of the trial court and the appellate court, if any; certificate of non-appeal, certificate of detention and other pertinent documents of the case.
A
CARPETA
14
Q
Refers to information concerning an inmate’s personal circumstances, the offense he committed, the sentence imposed, the criminal case number in the trial and appellate courts, the date he commenced serving his sentence, the date he was received for confinement, the place of confinement, the date of expiration of the sentence, the number of previous convictions, if any, and his behavior or conduct while in prison.
A
PRISON RECORD
15
Q
Refers to the conditional release of an offender from a correctional institution after he has served the minimum of his prison sentence.
A
PAROLE
16
Q
Refers to Reprieve, Absolute Pardon, Conditional Pardon with or without Parole Conditions and Commutation of Sentence as may be granted by the President of the Philippines.
A
EXECUTIVE CLEMENCY
17
Q
Refers to the deferral/suspension of the implementation of the sentence for an interval of time; it does not annul the sentence but merely postpones or suspends its execution.
A
REPRIEVE
18
Q
Refers to the reduction of the duration of a prison sentence of a prisoner.
A
COMMUTATION OF SENTENCE
19
Q
Refers to the exemption of an individual, within certain limits or conditions, from the punishment which the law inflicts for the offense he had committed resulting in the partial extinction of his criminal liability.
A
CONDITIONAL PARDON
20
Q
Refers to the total extinction of the criminal liability of the individual to whom it is granted without any condition. It restores to the individual his civil and political rights and remits the penalty imposed for the particular offense of which he was convicted.
A
ABSOLUTE PARDON
21
Q
Refers to the prisoner who applies for the grant of executive clemency or parole.
A
PETITIONER
22
Q
Refers to a prisoner who is released on parole.
A
PAROLEE
23
Q
Refers to a prisoner who is released on conditional pardon.
A
PARDONEE
24
Q
Refers to a parolee/pardonee who is placed under supervision of a Probation and Parole Officer.
A
CLIENT
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Refers to the Conditional Pardon/Absolute Pardon issued by the President of the Philippines to a prisoner or to the "Discharge on Parole" issued by the Board.
RELEASE DOCUMENT
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Refers to the supervision/surveillance by a Probation and Parole Officer of a parolee/pardonee.
PAROLE SUPERVISION
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Refers to the final report submitted by the Probation and Parole Officer on his supervision of a parolee/pardonee as basis for the latter's final release and discharge.
SUMMARY REPORT
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Refers to the report submitted by the Probation and Parole Officer on the conduct of the parolee/pardonee while under supervision.
PROGRESS REPORT
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Refers to the report submitted by the Probation and Parole Officer on violations committed by a parolee/pardonee of the conditions of his release on parole or conditional pardon while under supervision.
INFRACTION REPORT
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SEC. 3. National Prisoner Confined in a Local Jail
The Board may not consider the release on pardon/parole of a national prisoner who is serving sentence in a municipal, city, district or provincial jail unless the confinement in said jail is in good faith or due to circumstances beyond the prisoner's control.
A national prisoner, for purposes of these Rules, is one who is sentenced to a maximum term of imprisonment of more than three (3) years or to a fine of more than five thousand pesos; or regardless of the length of sentence imposed by the Court, to one sentenced for violation of the customs law or other laws within the jurisdiction of the Bureau of Customs or enforceable by it, or to one sentenced to serve two (2) or more prison sentences in the aggregate exceeding the period of three (3) years.
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SEC. 4. Scope of Authority
The Board may consider the case of a prisoner for executive clemency or parole only after his case has become final and executory. It will not take action on the petition of a prisoner who has a pending criminal case in court or when his case is on appeal.
In case the prisoner has one or more co-accused who had been convicted, the Director/Warden concerned shall forward their prison records and carpetas at the same time.
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SEC. 5. Filing of Petition
A formal petition for executive clemency addressed as follows shall be submitted to the Board before the question of said clemency will be considered
Petitions for parole shall be addressed to the Chairman or to the Executive Director of the Board.
However, the Board may, motu proprio , consider cases for parole, commutation of sentence or conditional pardon of deserving prisoners whenever the interest of justice will be served thereby.
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SEC. 6. Contents of Petition
A petition for parole/executive clemency shall state the name of the prisoner, his age, previous criminal record, if any, whether a Filipino citizen or an alien and, if a naturalized Filipino, his former nationality and date of naturalization, his previous occupation, place of residence, present crime for which he was convicted, the trial/appellate court, his penalty of imprisonment, fine, indemnity and the commencing date thereof, the jail or prison to which he was committed and/or where he is presently confined, the date he was received for confinement, the grounds upon which executive clemency is being asked and certification from the trial court that his case is not on appeal.
In addition to the above-mentioned data, a petition for absolute pardon shall be under oath and shall include the date the petitioner was released from prison after service of sentence or released on parole/pardon or terminated from probation.
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SEC. 7. Supporting Documents of Petition for Absolute Pardon
The petition for absolute pardon shall be accompanied by:
a. the affidavits of at least two (2) responsible members of the community where the petitioner resides. The affidavits shall, among others, state that the petitioner has conducted himself in a moral and law-abiding manner since his release from prison and shall indicate the petitioner's occupation and his social activities including religious involvement;
b. the clearances from the National Bureau of Investigation, the Philippine National Police, the Prosecutor's Office, the Municipal Circuit Trial Court, the Municipal Trial Court, the Municipal Trial Court in Cities, the Metropolitan Trial Court and the Regional Trial Court where petitioner resides;
c. proof of payment of indemnity and/or fine, or in lieu thereof, certification from the City/Municipal Treasurer or Probation and Parole Officer on his financial condition; and,
d. proof of service of sentence or certificate of Final Release and Discharge or court's Termination Order of probation.
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SEC. 8. Referral of Petition for Absolute Pardon to a Probation and Parole Officer
Upon receipt of a petition for absolute pardon, the Board shall refer the petition to a Probation and Parole Officer who shall conduct an investigation on the conduct and activities, as well as the social and economic conditions, of the petitioner prior to his conviction and since his release from prison and submit a report thereof within fifteen (15) days from receipt of the referral.
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SEC. 9. Referral of Petition for Executive Clemency/Parole to Other Government Agencies
A petition for executive clemency shall be referred by the Board to the Secretary of National Defense for comment and recommendation if the crime committed by the petitioner is against national security or public order or law of nations. In case of violation of election laws, rules and regulations, a petition for executive clemency/parole shall be referred to the Commission on Elections for favorable recommendation, provided, however, that regardless of the crime committed, a petition for executive clemency/parole may be referred for a pre-parole/executive clemency investigation to a Probation and Parole Officer who shall submit a report on the behaviour, character antecedents, mental and physical condition of the petitioner within thirty (30) days from receipt of referral, to include the results of the National Bureau of Investigation records check
In case of an alien, the petition shall be referred to the Department of Foreign Affairs for comment and recommendation.
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SEC. 10. Review of Cases for Executive Clemency
Petitions for executive clemency may be reviewed if the prisoners meet the following minimum requirements :
A. For Commutation of Sentence -
1. the prisoner shall have served at least one-third (1/3) of the minimum of his indeterminate and/or definite sentence or the aggregate minimum of his indeterminate and/or definite sentences.
2. at least ten (10) years for prisoners sentenced to Reclusion Perpetua or Life imprisonment for crimes or offenses committed before January 1, 1994.
3. at least twelve (12) years for prisoners whose sentences were adjusted to a definite prison term of forty (40) years in accordance with the provisions of Article 70 of the Revised Penal Code, as amended.
4. at least fifteen (15) years for prisoners convicted of heinous crimes as defined in Republic Act No. 7659 and other special laws committed on or after January 1, 1994 and sentenced to one or more Reclusion Perpetua or Life imprisonment
5. at least twenty (20) years in case of one (1) or more Death penalty/penalties, which was/were automatically reduced or commuted to one (1) or more Reclusion Perpetua or Life imprisonment;
B. For Conditional Pardon, the prisoner shall have served at least one-half (1/2) of the minimum of his original indeterminate and/or definite sentence. However, in the case of a prisoner who is convicted of a heinous crime as defined in Republic Act No. 7659 and other special laws, he shall have served at least one-half (1/2) of the maximum of his original indeterminate sentence before his case may be reviewed for conditional pardon.
C. For Absolute Pardon, after he has served his maximum sentence or granted final release and discharge or court termination of probation. However, the Board may consider a petition for absolute pardon even before the grant of final release and discharge under the provisions of Section 6 of Act No. 4103, as amended, as when the petitioner: (1) is seeking an appointive/elective public position or reinstatement in the government service; (2) needs medical treatment abroad which is not available locally; (3) will take any government examination; or (4) is emigrating.
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SEC. 11. Prisoners not Eligible for Executive Clemency
Prisoners who escaped or evaded service of sentence are not eligible for executive clemency for a period of one (1) year from the date of their last recommitment to prison or conviction for evasion of service of sentence.
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SEC. 12. Transmittal of Carpeta and Prison Record
In executive clemency/parole cases, the Director or Warden concerned shall forward the prison record and carpeta of a petitioner at least one (1) month prior to the eligibility for review as specified in Sections 10 and 13 of these Rules.
The Director or Warden concerned shall also furnish the Board and the Administration on or before the fifth day of every month, a list of prisoners whose minimum sentences will expire within ninety (90) days and those who may be considered for executive clemency.
40
SEC. 13. Review of Cases for Parole
Unless otherwise disqualified under Section l5 of these Rules, a case for parole of a prisoner shall be reviewed upon a showing that he is confined in prison or jail to serve an indeterminate sentence, the maximum period of which exceeds one (1) year, pursuant to a final judgment of conviction and that he has served the minimum period of said sentence.
41
SEC. 14. Grant of Parole
A prisoner may be granted parole whenever the Board finds that there is a reasonable probability that if released, he will be law-abiding and that his release will not be incompatible with the interest and welfare of society.
42
SEC. 15. Disqualification for Parole
The following prisoners shall not be granted parole:
a. Those convicted of an offense punished with Death penalty, Reclusion Perpetua or Life imprisonment;
b. Those convicted of treason, conspiracy or proposal to commit treason or espionage;
c. Those convicted of misprision of treason, rebellion, sedition or coup d'etat;
d. Those convicted of piracy or mutiny on the high seas or Philippine waters;
e. Those who are habitual delinquents i.e. those who, within a period of ten (10) years from the date of release from prison or last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa and falsification, are found guilty of any of said crimes a third time or oftener;
f. Those who escaped from confinement or evaded sentence;
g. Those who were granted Conditional Pardon and violated any of the terms thereof;
h. Those whose maximum term of imprisonment does not exceed one (1) year or those with definite sentence;
i. Those suffering from any mental disorder as certified by a government psychiatrist/psychologist;
j. Those whose conviction is on appeal;
k. Those who have pending criminal case/s.
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SEC. 16. Deferment of Parole When Safety of Prisoner/Victim/Relatives of Victim/Witness Compromised
If, based on the Pre-Parole Investigation Report conducted on the prisoner, there is a clear and convincing evidence that his release on parole will endanger his own life and those of his relatives or the life, safety and well-being of the victim, his relatives, his witnesses and the community, the release of the prisoner shall be deferred until the danger ceases.
44
SEC. 17. Interview of Prisoners
Any Board member or government official authorized by the Board may interview prisoners confined in prison or jail to determine whether or not they may be released on parole or recommended for executive clemency.
The Board or its authorized representatives shall interview an inmate who was sentenced to Reclusion Perpetua or Life imprisonment, or whose sentence had been commuted from Death to Reclusion Perpetua.
Before an interview, the Board may require a prisoner convicted of a heinous crime as defined under Republic Act No. 7659 and other special laws to undergo psychological/psychiatric examination if the prisoner has a history of mental instability, or in any case, if the Board finds a need for such examination in the light of the nature of the offense committed or manner of its commission.
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SEC. 18. Publication of those Eligible for Executive Clemency/Parole
The Board shall cause the publication in a newspaper of general circulation the names of prisoners convicted of heinous crimes or those sentenced by final judgment to Reclusion Perpetua or Life imprisonment, who may be considered for release on parole or for recommendation for absolute or conditional pardon.
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SEC. 19. Objections to Petitions
When an objection is filed, the Board may consider the same by requesting the person objecting to attach thereto evidence in support thereof. In no case, however, shall an objection disqualify from executive clemency/parole the prisoner against whom the objection is filed.
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SEC. 20. Documents to be Considered
The carpeta and prison record of the prisoner and other relevant documents, such as the mittimus or commitment order, prosecutor's information and trial/appellate court's decision of the case of the prisoner shall be considered by the Board in deciding whether or not to recommend executive clemency or to grant parole.
In case the prisoner has one or more co-accused who had been convicted, the Board shall consider at the same time the prison records and carpetas of said co-accused.
48
SEC. 21. Factors to be considered in Petition for Conditional Pardon, Commutation of Sentence or Parole
The following factors may be considered by the Board in the grant of conditional pardon, commutation of sentence or parole:
a. the age of the petitioner, the gravity of the offense and the manner in which it was committed, and the institutional behavior or conduct and previous criminal record, if any;
b. evidence that petitioner will be legitimately employed upon release; c. a showing that the petitioner has a place where he will reside;
c. availability of after-care services for the petitioner who is old, seriously ill or suffering from a physical disability;
d. attitude towards the offense and the degree of remorse; and,
e. the risk to other persons, including the victim, his witnesses, his family and friends, or the community in general, the possibility of retaliation by the victim, his family and friends.
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SEC. 22. Special Factors
The Board may give special consideration to the recommendation for commutation of sentence or conditional pardon whenever any of the following circumstances are present:
a. youthful offenders;
b. prisoners who are sixty (60) years old and above;
c. physical disability such as when the prisoner is bedridden, a deaf mute, a leper, a cripple or is blind or similar disabilities;
d. serious illness and other life-threatening disease as certified by a government physician;
e. those prisoners recommended for the grant of executive clemency by the trial/appellate court as stated in the decision;
f. alien prisoners where diplomatic considerations and amity between nations necessitate review;
g. circumstances which show that his continued imprisonment will be inhuman or will pose a grave danger to the life of the prisoner or his co-inmates; and,
h. such other similar or analogous circumstances whenever the interest of justice will be served thereby.
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SEC. 23. Meetings
The Board shall meet in executive session regularly or upon the call of the Chairman.
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SEC. 24. Quorum
A majority of all the members of the Board shall constitute a quorum.
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SEC. 25. Board Action
A majority of the members of the Board, constituting a quorum, shall be necessary to recommend the grant of executive clemency or to grant parole; to modify any of the terms and conditions appearing in a Release Document; to order the arrest and recommitment of a parolee/pardonee; and to issue certificate of Final Release and Discharge to a parolee/pardonee.
The minutes of the meeting of the Board shall show the votes of its individual members and the reason or reasons for voting against any matter presented for the approval of the Board. Any dissent from the majority opinion to grant or deny parole shall be reduced in writing and shall form part of the records of the proceedings.
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SEC. 26. Executive Clemency/Parole of An Alien
The Board may recommend the grant of executive clemency or grant parole to a prisoner who is an alien. In such a case, the alien who is released on parole or pardon shall be referred to the Bureau of Immigration for disposition, documentation and appropriate action.
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SEC. 27. Parole Supervision
After release from confinement, a client shall be placed under the supervision of a Probation and Parole Officer so that the former may be guided and assisted towards rehabilitation.
The period of parole supervision shall extend up to the expiration of the maximum sentence which should appear in the Release Document, subject to the provisions of Section 6 of Act No. 4103 with respect to the early grant of Final Release and Discharge.
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SEC. 28. Form of Release Document
The form of the Release Document shall be prescribed by the Board and shall contain the latest l"x1" photograph and right thumbprint of the prisoner.
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SEC. 29. Transmittal of Release Document
The Board shall send a copy of the Release Document to the prisoner named therein through the Director of Corrections or Warden of the jail where he is confined who shall send a certification of the actual date of release of prisoner to the Probation and Parole Officer.
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SEC. 30. Initial Report
Within the period prescribed in his Release Document, the prisoner shall present himself to the Probation and Parole Officer specified in the Release Document for supervision.
If within forty five (45) days from the date of release from prison or jail, the parolee/pardonee concerned still fails to report, the Probation and Parole Officer shall inform the Board of such failure, for appropriate action.
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SEC. 31. Arrival Report
The Probation and Parole Officer concerned shall inform the Board thru the Technical Service, Parole and Probation Administration the date the client reported for supervision not later than fifteen (15) working days therefrom.
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SEC. 32. Mandatory Conditions of Supervision
It shall be mandatory for a client to comply with the terms and conditions appearing in the release document.
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SEC. 33. Review and Modification of Conditions
The Board may, upon the recommendation of the Probation and Parole Officer, revise or modify the terms and conditions appearing in the Release Document.
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SEC. 34. Transfer of Residence
A client may not transfer from the place of residence designated in his Release Document without the prior written approval of the Regional Director subject to the confirmation by the Board.
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SEC. 35. Outside Travel
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SEC. 36. Travel Abroad and/or Work Abroad
Any parolee or pardonee under active supervision/surveillance who has no pending criminal case in any court may apply for overseas work or travel abroad. However, such application for travel abroad shall be approved by the Administrator and confirmed by the Board.
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SEC. 37. Death of Client
If a client dies during supervision, the Probation and Parole Officer shall immediately transmit a certified true copy of the client's death certificate to the Board recommending the closing of the case. However, in the absence of a death certificate, an affidavit narrating the circumstances of the fact of death from the barangay chairman or any authorized officer or any immediate relative where the client resided, shall suffice.
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SEC. 38. Progress Report
When a parolee/pardonee commits another offense during the period of his parole surveillance, and the case filed against him has not yet been decided by the court, a Progress Report should be submitted by the Probation and Parole Officer to the Board.
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SEC. 39. Report of Parole Infraction/Violation
Any violation of the terms and conditions appearing in his Release Document or any serious deviation or non-observance of the obligations set forth in the parole supervision program shall be immediately reported by his Probation and Parole Officer to the Board. The report shall be called Infraction Report when the client has been subsequently convicted of another crime.
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SEC. 40. Arrest of Client
Upon receipt of an Infraction Report, the Board may order the arrest or recommitment of the client.
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SEC. 41. Effect of Recommitment of Client
The client who is recommitted to prison by the Board shall be made to serve the remaining unexpired portion of the maximum sentence for which he was originally committed to prison.
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SEC. 42. Cancellation of Pardon/Parole
The Board may recommend the cancellation of the pardon or cancel the grant of parole of a client if it finds that material information given by said client to the Board, either before or after release, was false, or incomplete or that the client had willfully or maliciously concealed material information from the Board.
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SEC. 43. Review of Case of Recommitted Parolee
The Board may consider the case of a recommitted parolee for the grant of a new parole after the latter shall have served one-fourth (1/4) of the unserved portion of his maximum sentence.
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SEC. 44. Certificate of Final Release and Discharge
After the expiration of the maximum sentence of a client, the Board shall, upon the recommendation of the Chief Probation and Parole Officer that the client has substantially complied with all the conditions of his parole/pardon, issue a certificate of Final Release and Discharge to a parolee or pardonee. However, even before the expiration of maximum sentence and upon the recommendation of the Chief Probation and Parole Officer, the Board may issue a certificate of Final Release and Discharge to a parolee/pardonee pursuant to the provisions of Section 6 of Act No. 4103, as amended.
The clearances from the police, court, prosecutor's office and barangay officials shall be attached to the Summary Report.
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Sec. 45. Effect of Certificate of Final Release and Discharge
Upon the issuance of a certificate of Final Release and Discharge, the parolee/pardonee shall be finally released and discharged from the conditions appearing in his release document. However, the accessory penalties of the law which have not been expressly remitted therein shall subsist.
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SEC. 46. Transmittal of Certificate of Final Release and Discharge
The Board shall forward a certified true copy of the certificate of Final Release and Discharge to the Court which sentenced the released client, the Probation and Parole Officer who has supervision over him, the client, the Bureau of Corrections, the National Bureau of Investigation, the Philippine National Police and the Office of the President.
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SEC. 47. Repealing Clause
All existing rules, regulations and resolutions of the Board which are inconsistent with these Rules are hereby repealed or amended accordingly.
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SEC. 48. Effectivity Clause
These Rules shall take effect upon approval by the Secretary of Justice and fifteen (l5) days after its publication in a newspaper of general circulation.
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Is the law creating the Board of Claims under the Department of Justice granting compensation for victims of unjust imprisonment or detention and victims of violent crimes.
REPUBLIC ACT NO. 7309
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Who may apply for compensation?
1. A person who was unjustly accused convicted and imprisoned and subsequently released by virtue of a judgment of acquittal;
2. A person who was unjustly detained and released without being charged;
3. A person who is a victim of arbitrary detention by the authorities as defined in the Revised Penal Code under a final judgment of the court; or
4. A person who is a victim of a violent crime which includes rape and offenses committed with malice which resulted in death or serious physical and/or psychological injuries, permanent incapacity or disability, insanity, abortion, serious trauma, or committed with torture, cruelty or barbarity.
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When should a claim be filed?
The claim should be filed with the Board by he person entitled to compensation under this Act within six (6) months after being released from imprisonment or detention or from the date he suffered damage or injury; otherwise he is deemed to have waived his claim.
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How is a claim filed?
A claimant may file a claim with the board by filling up an application form provided for the purpose with the Secretariat of the Board of Claims, Department of Justice, Padre Faura Street, Ermita, Manila. Thereafter, he will be interviewed and he will be duly notified of the action taken by the Board.
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How much is given to a qualified applicant?
1. For the victims of unjust imprisonment, the compensation shall be based on the number of months of imprisonment and every fraction thereof shall be considered one month, but in no case shall such compensation exceed ONE THOUSAND PESOS (P1,000.00) per month.
2. In all other cases the maximum for which the Board may approved a claim shall not exceed TEN THOUSAND PESOS (P10,000.00) or the amount necessary to reimburse the claimant the expenses incurred for hospitalization, medical treatment, loss of wage, loss of support or other expenses directly related to the injury, whichever is lower to be determined by the Board.
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Article 22. Retroactive effect of penal laws.
Penal laws shall have a retroactive effect insofar as they favor the person guilty of a felony, who is not a habitual criminal, as this term is defined in rule 5 of article 62 of this Code, although at the time of the publication of such laws a final sentence has been pronounced and the convict is serving the same.
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Article 23. Effect of pardon by the offended party.
A pardon by the offended party does not extinguish criminal action except as provided in article 344 of this Code; but civil liability with regard to the interest of the injured party is extinguished by his express waiver. (Read also Art. 36)
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Article 24. Measures of prevention or safety which are not considered penalties.
The following shall not be considered as penalties:
1. The arrest and temporary detention of accused persons, as well as their detention by reason of insanity or imbecility, or illness requiring their confinement in a hospital.
2. The commitment of a minor to any of the institutions mentioned in article 80 and for the purposes specified therein.
3. Suspension from the employment or public office during the trial or in order to institute proceedings.
4. Fines and other corrective measures which, in the exercise of their administrative disciplinary powers, superior officials may impose upon their subordinates.
5. Deprivation of rights and reparations which the civil law may establish in penal form.
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Article 29. Period of preventive imprisonment deducted from term of imprisonment.
Offenders or accused who have undergone preventive imprisonment shall be credited in the service of their sentence consisting of deprivation of liberty, with the full time during which they have undergone preventive imprisonment if the detention prisoner agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners, except in the following cases:
1. When they are recidivists, or have been convicted previously twice or more times of any crime; and
2. When upon being summoned for the execution of their sentence they have failed to surrender voluntarily.
If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted prisoners, he shall be credited in the service of his sentence with four-fifths of the time during which he has undergone preventive imprisonment. (As amended by Republic Act No. 6127, June 17, 1970).
Whenever an accused has undergone preventive imprisonment for a period equal to or more than the possible maximum imprisonment of the offense charged to which he may be sentenced and his case is not yet terminated, he shall be released immediately without prejudice to the continuation of the trial thereof or the proceeding on appeal, if the same is under review. In case the maximum penalty to which the accused may be sentenced is destierro, he shall be released after thirty (30) days of preventive imprisonment. (As amended by Republic Act No. 6127, and further amended by E.O. No. 214, prom. July 10, 1987.)
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Article 36. Pardon; its effect.
A pardon shall not work the restoration of the right to hold public office, or the right of suffrage, unless such rights be expressly restored by the terms of the pardon.
A pardon shall in no case exempt the culprit from the payment of the civil indemnity imposed upon him by the sentence.
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Article 37. Cost. - What are included.
Costs shall include fees and indemnities in the course of the judicial proceedings, whether they be fixed or unalterable amounts previously determined by law or regulations in force, or amounts not subject to schedule.
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Article 38. Pecuniary liabilities. - Order of payment.
In case the property of the offender should not be sufficient for the payment of all his pecuniary liabilities, the same shall be met in the following order:
1. The reparation of the damage caused.
2. Indemnification of consequential damages.
3. The fine.
4. The costs of the proceedings.
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Article 39. Subsidiary penalty.
If the convict has no property with which to meet the fine mentioned in paragraph 3 of the next preceding article, he shall be subject to a subsidiary personal liability at the rate of one day for each eight pesos, subject to the following rules:
1. If the principal penalty imposed be prision correccional or arresto and fine, he shall remain under confinement until his fine referred in the preceding paragraph is satisfied, but his subsidiary imprisonment shall not exceed one-third of the term of the sentence, and in no case shall it continue for more than one year, and no fraction or part of a day shall be counted against the prisoner.
2. When the principal penalty imposed be only a fine, the subsidiary imprisonment shall not exceed six months, if the culprit shall have been prosecuted for a grave or less grave felony, and shall not exceed fifteen days, if for a light felony.
3. When the principal penalty imposed is higher than prision correccional no subsidiary imprisonment shall be imposed upon the culprit.
4. If the principal penalty imposed is not to be executed by confinement in a penal institution, but such penalty is of fixed duration, the convict, during the period of time established in the preceding rules, shall continue to suffer the same deprivation as those of which the principal penalty consists.
5. The subsidiary personal liability which the convict may have suffered by reason of his insolvency shall not relieve him from the fine in case his financial circumstances should improve. (As amended by Republic Act No. 5465, April 21, 1969.)
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Article 81. When and how the death penalty is to be executed.
The death sentence shall be executed with preference to any other and shall consist in putting the person under sentence to death by electrocution. The death sentence shall be executed under the authority of the Director of Prisons, endeavoring so far as possible to mitigate the sufferings of the persons under sentence during electrocution as well as during the proceedings prior to the execution.
If the person under sentence so desires, he shall be anaesthetized at the moment of the execution.
As soon as facilities are provided by the Bureau of Prisons, the method of carrying out the sentence shall be changed to gas poisoning.
The death sentence shall be carried out not later than one (1) year after the judgment has become final. (As amended by Sec. 24, Republic Act No. 7659.)
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Article 82. Notification and execution of the sentence and assistance to the culprit.
The court shall designate a working day for the execution, but not the hour thereof; and such designation shall not be communicated to the offender before sunrise of said day, and the execution shall not take place until after the expiration of at least eight hours following the notification, but before sunset. During the interval between the notification and the execution, the culprit shall, in so far as possible, be furnished such assistance as he may request in order to be attended in his last moments by priests or ministers of the religion he professes and to consult lawyers, as well as in order to make a will and confer with members of his family or persons in charge of the management of his business, of the administration of his property, or of the care of his descendants.
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Article 83. Suspension of the execution of the death sentence.
The death sentence shall not be inflicted upon a woman while she is pregnant or within one (1) year after delivery, nor upon any person over seventy years of age. In this last case, the death sentence shall be commuted to the penalty of reclusion perpetua with the accessory penalty provided in article 40.
In all cases where the death sentence has become final, the records of the case shall be forwarded immediately by the Supreme Court to the Office of the President for possible exercise of the pardoning power. (As amended by Sec. 25, Republic Act No. 7659.)
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Article 84. Place of execution and persons who may witness the same.
The execution shall take place in the penitentiary of Bilibid in a space closed to the public view and shall be witnessed only by the priests assisting the offender and by his lawyers, and by his relatives, not exceeding six, if he so request, by the physician and the necessary personnel of the penal establishment, and by such persons as the Director of Prisons may authorize.
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Article 85. Provision relative to the corpse of the person executed and its burial.
Unless claimed by his family, the corpse of the culprit shall, upon the completion of the legal proceedings subsequent to the execution, be turned over to the institute of learning or scientific research first applying for it, for the purpose of study and investigation, provided that such institute shall take charge of the decent burial of the remains. Otherwise, the Director of Prisons shall order the burial of the body of the culprit at government expense, granting permission to be present thereat to the members of the family of the culprit and the friends of the latter. In no case shall the burial of the body of a person sentenced to death be held with pomp.
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Article 89. How criminal liability is totally extinguished.
Criminal liability is totally extinguished:
1. By the death of the convict, as to the personal penalties; and as to pecuniary penalties, liability therefor is extinguished only when the death of the offender occurs before final judgment.
2. By service of the sentence.
3. By amnesty, which completely extinguishes the penalty and all its effects.
4. By absolute pardon.
5. By prescription of the crime.
6. By prescription of the penalty.
7. By the marriage of the offended woman, as provided in Article 344 of this Code.
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Article 90. Prescription of crime.
Crimes punishable by death, reclusion perpetua or reclusion temporal shall prescribe in twenty years.
Crimes punishable by other afflictive penalties shall prescribe in fifteen years.
Those punishable by a correctional penalty shall prescribe in ten years; with the exception of those punishable by arresto mayor, which shall prescribe in five years.
The crime of libel or other similar offenses shall prescribe in one year.
The crime of oral defamation and slander by deed shall prescribe in six months.
Light offenses prescribe in two months.
When the penalty fixed by law is a compound one, the highest penalty shall be made the basis of the application of the rules contained in the first, second and third paragraphs of this article. (As amended by Republic Act No. 4661, approved June 19, 1966.)
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Article 91. Computation of prescription of offenses.
The period of prescription shall commence to run from the day on which the crime is discovered by the offended party, the authorities, or their agents, and shall be interrupted by the filing of the complaint or information, and shall commence to run again when such proceedings terminate without the accused being convicted or acquitted, or are unjustifiably stopped for any reason not imputable to him.
The term of prescription shall not run when the offender is absent from the Philippine Archipelago.
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Article 92. When and how penalties prescribe.
The penalties imposed by final sentence prescribe as follows:
1. Death and reclusion perpetua, in twenty years;
2. Other afflictive penalties, in fifteen years;
3. Correctional penalties, in ten years; with the exception of the penalty of arresto mayor, which prescribes in five years;
4. Light penalties, in one year.
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Article 93. Computation of the prescription of penalties.
The period of prescription of penalties shall commence to run from the date when the culprit should evade the service of his sentence, and it shall be interrupted if the defendant should give himself up, be captured, should go to some foreign country with which this Government has no extradition treaty, or should commit another crime before the expiration of the period of prescription.
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Article 94. Partial Extinction of criminal liability.
Criminal liability is extinguished partially:
1. By conditional pardon;
2. By commutation of the sentence; and
3. For good conduct allowances which the culprit may earn while he is serving his sentence.
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Article 95. Obligation incurred by person granted conditional pardon.
Any person who has been granted conditional pardon shall incur the obligation of complying strictly with the conditions imposed therein; otherwise, his non-compliance with any of the conditions specified shall result in the revocation of the pardon and the provisions of article 159 shall be applied to him.
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Article 96. Effect of commutation of sentence.
The commutation of the original sentence for another of a different length and nature shall have the legal effect of substituting the latter in the place of the former.
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Article 97. Allowance for good conduct.
The good conduct of any prisoner in any penal institution shall entitle him to the following deductions from the period of his sentence:
1. During the first two years of his imprisonment, he shall be allowed a deduction of five days for each month of good behavior;
2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a deduction of eight days for each month of good behavior;
3. During the following years until the tenth year, inclusive, of his imprisonment, he shall be allowed a deduction of ten days for each month of good behavior; and
4. During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of fifteen days for each month of good behavior.
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Article 98. Special time allowance for loyalty.
A deduction of one-fifth of the period of his sentence shall be granted to any prisoner who, having evaded the service of his sentence under the circumstances mentioned in article 158 of this Code, gives himself up to the authorities within 48 hours following the issuance of a proclamation announcing the passing away of the calamity or catastrophe to in said article.
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Article 99. Who grants time allowances.
Whenever lawfully justified, the Director of Prisons shall grant allowances for good conduct. Such allowances once granted shall not be revoked.
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Article 105. Restitution. - How made.
The restitution of the thing itself must be made whenever possible, with allowance for any deterioration, or diminution of value as determined by the court.
The thing itself shall be restored, even though it be found in the possession of a third person who has acquired it by lawful means, saving to the latter his action against the proper person, who may be liable to him.
This provision is not applicable in cases in which the thing has been acquired by the third person in the manner and under the requirements which, by law, bar an action for its recovery.
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Article 106. Reparation. - How made.
The court shall determine the amount of damage, taking into consideration the price of the thing, whenever possible, and its special sentimental value to the injured party, and reparation shall be made accordingly.
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Article 107. Indemnification - What is included.
Indemnification for consequential damages shall include not only those caused the injured party, but also those suffered by his family or by a third person by reason of the crime.
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Article 108. Obligation to make restoration, reparation for damages, or indemnification for consequential damages and action to demand the same - Upon whom it devolves.
The obligation to make restoration or reparation for damages and indemnification for consequential damages devolves upon the heirs of the person liable.
